RAMSINGH BHERUSINGH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a petition under Articles 226/227 of the Constitution of India by the petitioner challenging the order of the respondent No. 2, Director, Mandi dated 31-10-1988 whereby the petitioner has been removed from the membership of Krishi Upaj Mandi Samiti, Indore in exercise of powers Under Section 55 (1) of the M. P. Krishi Upaj Mandi Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyam' ).

(2.) THE facts giving rise to this petition, briefly stated, are as follows :the petitioner was elected as an agriculturist member of the Krishi Upaj Mandi Samiti (Market Committee), Indore, respondent No. 3 in September, 1985 and was also elected as Chaimran of the said Marketing Committee in November, 1985. The Market Committee, respondent No. 3 by resolution dated 10-2-1986, resolved to buy submersible pump for being installed in the tube well bore within the premises of the Sabji Mandi. In pursuance of the resolution Tenders of price quotations for purchase of the pump and fitting were invited through advertisement in daily newspaper 'swadesh'. A sub-committee was formed comprising of the petitioner Chairman of the Mandi, and three other members of the Market Committee namely Radheshyam Thakur, Atmaram Paliya and Laxminarayan for consideration of the price quotations tendered in response to the advertisement. When the tenders were placed before the said sub-committee in its meeting held on 7-5-1986, one of the members Radheshyam Thakur expressed lack of faith in tender system and suggested that the market be explored for purchase of pump of ISI mark or of some standard quality and the sub-committee approved that suggestion and authorised two members Atmaram Paliya and Laxminarayan to purchase the pump. Atmaram Paliya brought three quotations for purchase of pump from different sale agencies and on a comparison of quotations the price-rate of pump and fittings offered by the sale agency of M/s. Kumar Engineers was approved and accordingly work order dated 21-3-1986 (Annexure P/5) of the value of Rs. 22,076/- was issued by the petitioner Chairman Krishi Upaj Mandi Samiti.

(3.) AFTER the resolution dated 10-2-1986 to buy submersible pump had been passed by the Market Committee, a letter dated 21-2-1986 (Annexure P/l) had been sent by the Market Committee to the Director, Mandi seeking necessary sanction for purchase of submersible pump. The Director, Mandi in response to letter Annexure P/l asked the market committee by letter dated 12-3-1986, Annexure R/l that quotation for the required submersible pump be sent to him and that the estimate be obtained from the P. H. E. Department. It appears that the market committee accordingly addressed a letter to the Executive Engineer, P. H. E. Department, Indore and the Executive Engineer sent a reply dated 18-3-1986 Annexure R-2 giving an estimate of Rs. 25,000/- for a submersible pump of 7. 5 H. P. together with all accessories, panel board etc. , and advising purchase of the pump through the agency of Laghu Udyog Nigam. The Director, Mandi by letter dated 27-3-1986, Annexure P/5 accorded sanction of Rs. 21,000/- for purchase of the required submersible pump from out of the current fund of the Mandi and directed purchase of the pump through the Marketing Federation, Agro Industries or the P. H. E. Department.